Environmental Permit No. EP-434/2012
ENVIRONMENTAL PERMIT TO OPERATE
A DESIGNATED PROJECT
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to Drainage Services Department (hereinafter referred to as the "Permit Holder") to operate the designated projects described in Part B subject to the conditions specified in Part C. The issue of this environmental permit is based on the documents, approvals or permissions described below:
Document in the Register :
- Final Environmental Impact Assessment Report
- Environmental Impact Assessment Report - Executive Summary
- Final Environmental Monitoring and Audit Manual
Hereinafter referred to as the “EIA Report” (Register No. : AEIAR-093/2005)
- 環境影響評估報告 - 行政摘要
2. The Director’s letter of approval of the EIA Report dated 5 December 2005 referenced EP2/N9/I/97
3. Application for Environmental Permit received on 28 December 2005 (Application No.: AEP-237/2005)
4. Environmental Permit issued on 25 January 2006 (Permit No. EP-237/2005)
5. Application document for Variation of an Environmental Permit submitted by the Permit Holder on 5 February 2007 (Application No. VEP-230/2007)
6. Environmental Permit issued on 5 March 2007 (Permit No. EP-237/2005/A)
7. Application document for Variation of an Environmental Permit submitted by the Permit Holder on 1 April 2009 (Application No. VEP-283/2009)
8. Environmental Permit issued on 23 April 2009 (Permit No. EP-237/2005/B)
9. Application for Environmental Permit received on 7 December 2011 (Application No.: AEP-434/2011)
3 January 2012
(Sam W.H. Wong)
Principal Environmental Protection Officer
for Director of Environmental Protection
Hereunder is the description of the designated projects mentioned in Part A of this environmental permit (hereinafter referred to as “the Permit”):
Title of Designated Projects
(This designated project is hereafter referred to as “the Project”)
Nature of Designated Projects
of drainage improvement works at
Location of Designated Projects
The location of the Project is shown in Figure 1 of this Permit.
Scale and Scope of Designated Projects
The Project mainly consists of the followings :
(A) Pak Ngan Heung River 白銀鄉河
an open trapezoidal channel of about
a rectangular channel of about
a 3-cell diversion box culvert of about
(B) Tai Tei Tong River 大地塘河
i. improvement of three bottlenecks, with existing riverbed untouched and the riverbank reinstated by gabion blocks.
(C) Luk Tei Tong River 鹿地塘河
an open trapezoidal channel of about
a rectangular bypass channel of about
(D) Ling Tsui Tau U-Channel 嶺咀頭U形排水道
Upgrading of existing drains of about
Permit Holder and any person working on the Project shall comply with all
conditions set out in this Permit. Any non-compliance by any person may
constitute a contravention of the Environmental Impact Assessment Ordinance
(Cap.499) and may become the subject of appropriate action being taken under
The Permit Holder shall ensure full compliance
with all legislation from time to time in force including, without limitation
to, the Air Pollution Control Ordinance (Cap. 311), Water Pollution Control
Ordinance (Cap. 358) and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself constitute
any ground of defense against any proceedings instituted under any legislation
or imply any approval under any legislation.
1.3 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the operation of the Project and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit.
The Permit Holder shall operate the Project in
accordance with the project description in Part B
of this Permit.
The Permit Holder shall ensure that the Project
is operated in accordance with the information and recommendations described in
the approved EIA Report (Register No. AEIAR-093/2005), the Application for
Environmental Permit (Application No. AEP-237/2005 and AEP-434/2011), the
application documents for variation of an environmental permit (Application No.
VEP-230/2007 and VEP-283/2009) and other relevant documents in the Register,
the information and mitigation measures described in this Permit.
2 Measures for the Operation of the Project
2.1 The Permit
Holder shall use temporary barrier walls to provide a dry work zone for
maintenance desilting of the re-profiled river channels of
2.2 To minimize sedimentation, desilting shall be limited to the dry season (November to March).
2.3 The Permit Holder shall phase the implementation of de-silting and other activities that could disturb aquatic fauna to ensure some areas of relatively undisturbed habitats remain available for resident aquatic fauna at all times.
2.4 The Permit Holder shall undertake vegetation control at Luk Tei Tong Bypass Channel outside the main breeding season for wildlife (April to August) to avoid potential ecological impacts.
This Permit consists of three parts, namely, PART A
(Main Permit), PART B (Description of Designated Project)
and PART C (Permit Conditions). Any person relying
on this permit should obtain independent legal advice on the legal implications
under the EIAO, and the following notes are for general information only.
If there is a breach of any conditions of this Permit, the Director or
his authorized officer may, with the consent of the Secretary for the
Environment, order the cessation of associated work until the remedial action
is taken in respect of the resultant environmental damage, and in that case the
Permit Holder shall not carry out any associated works without the permission
of the Director or his authorized officer.
3. The Permit Holder may apply under Section 13
of the EIAO to the Director for a variation of the conditions of this
Permit. The Permit Holder shall replace the original permit displayed on
the Project site by the amended permit.
4. A person who assumes the responsibility for
the whole or a part of the Project may, before he assumes responsibility of the Project, apply
under Section 12 of the EIAO to the Director for a further environmental
5. Under Section 14 of the EIAO, the Director may with the
consent of the Secretary for the Environment, suspend, vary or cancel this
Permit. The suspended, varied or cancelled Permit shall be removed from
display at the Project site.
6. If this Permit is cancelled or surrendered
during operation of the Project, another environmental permit must be obtained under the
EIAO before the Project could be continued. It is an offence under
section 26(1) of the EIAO to operate a designated project listed in Schedule 2 of the EIAO without a valid environmental
7. Any person who operates the Project contrary to the conditions in the Permit, and is convicted of an offence under the EIAO, is liable:-
(i) on a first conviction on indictment to a fine of $ 2 million and to imprisonment for 6 months;
(ii) on a second or subsequent conviction on indictment to a fine of $ 5 million and to imprisonment for 2 years;
(iii) on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;
(iv) on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and
(v) in any case where the offence is of a continuing nature, the court or magistrate may impose a fine of $ 10,000 for each day on which he is satisfied the offence continued.
8. The Permit Holder may appeal against any condition
of this Permit under Section 17 of the EIAO within 30 days of receipt of this Permit.
The Notes are for general reference only and that the Permit Holder
should refer to the EIA Ordinance for details and seek independent legal
Environmental Permit No. EP-434/2012
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